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2026 DAILYLAW 14236 (KAR)

RAHUL VINAY V v. ICICI BANK LTD.,

WP/36033/2025 · 2026-04-10

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20080 WP No. 36033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36033 OF 2025 (GM-DRT) BETWEEN: RAHUL VINAY V AGED ABOUT 36 YEARS S/O VIJAYA KUMAR R/A NO.479, 12TH CROSS OPP TVS SERVICE CENTER WILSON GARDEN BANGALORE - 560 027. …PETITIONER (BY SRI VAIDYANATHA, ADV., -ABSENT) AND: ICICI BANK LTD., REP. BY ITS AUTHORISED OFFICER NO. 4/10 1STG FLOOR WEST WING MYTHRI CENTRE, HOSUR ROAD BOMMANAHALLI BENGALURU - 560 068. …RESPONDENT (BY SRI FRANCIZ XAVIER, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY QUASHING THE E-AUCTION SALE DATED AND SALE CERTIFICATE DATE ISSUED BY RESPONDENT. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20080 WP No. 36033 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is filed against respondent - ICICI Bank seeking the following reliefs:- "A) Issue writ of Certiorari or any other writ or order by quashing the e-auction sale dated and sale certificate date issued by respondent. B) Issue writ of Mandamus or any other writ or order or direction, directing the respondents to provide the opportunity to the petitioner to clear the loan amount. C) Pass such other order or direction as this Hon'ble Court may deem fit to issue in the circumstances of the case in the interest of justice and equity." 2. This writ petition is filed on 25.11.2025, it came up before the Court for the first time on 09.04.2026 and as there was no representation, the matter was directed to be listed for 'dismissal'. Even today also, there is no representation on behalf of the petitioner. - 3 - HC-KAR NC: 2026:KHC:20080 WP No. 36033 of 2025 3. Learned counsel for the respondent - Bank submits that petitioner had earlier filed WP No.33014/2024, WP No.33030/2024 and WP No.33031/2024 and they came to be dismissed on 19.12.2024 reserving liberty to the petitioner to avail the appropriate remedy before the DRT. Thereafter, another writ petition was filed in WP No.15257/2025 and by order dated 27.05.2025, the said writ petition was disposed of reserving liberty to the petitioner to avail the appropriate remedy. 4. Now, again the present petition is filed questioning the Sale Notice. It is submitted that sale has taken place and Sale Certificate is also issued. This conduct of the petitioner cannot be appreciated inspite of the repeated writ petitions being dismissed by this Court directing the petitioner to avail the appropriate remedy. Till date, along with the present writ petition, petitioner has filed five writ petitions. This is nothing but an abuse of the process of law. Accordingly, the following:- - 4 - HC-KAR NC: 2026:KHC:20080 WP No. 36033 of 2025 ORDER (i) The writ petition is dismissed with cost of Rs.20,000/- to be paid by the petitioner to the Advocates' Association, Bengaluru. (ii) All pending I.As., if any, in the writ petition, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DN List No.: 1 Sl No.: 20